Lightning may not strike twice, but gun convictions do.

Modified: February 23, 2015 1:57pm

12/11/2014

Erie County District Attorney Frank A. Sedita, III announces that 25 year-old Michael D. Nance of 160 Johnson Street in the City of Buffalo was convicted, as charged, of Criminal Possession  of a Weapon in the 2nd Degree after a jury trial before State Supreme Court Justice Christopher J. Burns.  This was the highest charge for which the defendant could have been convicted. In other words, Nance was prosecuted to the fullest extent of the law.

Nance, who appears to have an affinity for illegal handguns, pleaded guilty on September 10, 2013 in a separate matter to Criminal Possession of a Weapon in the 2nd Degree.  Despite the fact he was facing a mandatory state prison sentence, he was released on bail.  Shockingly, on October 1, 2013, Nance was found in possession of another loaded gun while on the corner of Berkshire and Parkridge Avenues in the City of Buffalo. 

Nance’s prior conviction was barred from being introduced into evidence against him. Nance then claimed the arresting officers were lying when they testified about when, where, and how they found him in possession of an unlicensed, concealed, and loaded handgun. Despite the fact they had no knowledge of his prior conviction for the same offense, the jury summarily rejected Nance’s claims, as evinced by their 24 minutes of deliberations. 

Already completion of a 3½ year sentence for the September 10, 2013 gun conviction (the minimum under the law), Nance faces a minimum of another  3½ years and a maximum of another 15 years when he is sentenced by Justice Burns on January 8, 2015, at 9:30 a.m.

The case was successfully prosecuted by Assistant District Attorney John P. Gerken, Jr., who is assigned to DA Sedita’s Felony Trial Bureau.  DA Sedita also lauded Buffalo Police Officers Michael Acquino and Mark Hamilton for their dedicated and professional investigation, which brought yet another gun-toting thug to justice.